Joe Palmore spoke to the National Law Journal for an article discussing some of the legal issues in the lower courts that might be headed for U.S. Supreme Court resolution in the future.
Among the regulatory cases to watch in the circuit courts are almost identical complaints brought in three different courts against the Federal Communications Commission alleging the agency's Universal Service Fund to subsidize telecom services in low-income areas violates the Constitution's nondelegation doctrine.
"[The cases] present the kinds of issues that are of great interest to this group of justices, including on delegations of authority to administrative agencies and the funding structure of federal programs," Joe said. "If a circuit split emerges, the chance of Supreme Court review [is] very high. Without a split, review is less likely but still possible given the importance and nature of the issues."
Read the full article (subscription may be required).
Originally published by National Law Journal.
Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Morrison & Foerster LLP. All rights reserved
